Terms of Service

Please read carefully before using this Website:

Rosemary Beach POA maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the Rosemary Beach POA Beach Service Website (“Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

TERMS APPLICABLE TO ALL USERS

Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Website, your use shall be subject to (i) certain designated terms (see section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the “I AGREE TO THE TERMS OF USE” button at the end of these Terms of Use]. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

Cancellation & Refunds (All times are considered Central Standard Time)

Inclement Weather Policy – Beach Chair EquipmentRosemary Beach POA Beach Service sets up reserved beach chair equipment rain or shine. Service may be suspended for inclement weather or tropical systems in which all beach chair equipment is removed from the beach. Rosemary Beach POA Beach Service reserves the right to either move the affected service day(s) to another day(s) in conjunction with the guest’s current reservation or issue a refund in whole or in part if it is determined that a refund is appropriate. No discounts or refunds will be issued due to inclement weather that may inhibit the use of any or part of the beach equipment that has been setup by the Rosemary Beach POA Beach Service.

Inclement Weather Policy – BonfiresRosemary Beach POA Beach Service conducts bonfires as permitted by weather and beach conditions. If Rosemary Beach POA Beach Service or the South Walton Fire District determines that weather conditions are not favorable for a bonfire before or during the scheduled bonfire time, the Rosemary Beach POA Beach Service reserves the right to cancel the bonfire. The patron will receive a full refund or will be allowed to change service date within 5 calendar days if possible. Final decision will be made by the Rosemary Beach POA Beach Service.

Cancellation Policy for Beach Chair Equipment

Beach Chair Reservations must be canceled 48 hours in advance. (e.g. A reservation scheduled to start 9:00 am on Wednesday must be cancelled no later than 9:00 am the prior Monday)

Refunds for cancellations will be calculated by determining the total number of resulting days rented and refunding the difference in price from the original number of days to the current price for the resulting number of days plus sales tax on the difference, less 10%.

Beach Attendants cannot issue refunds as all refunds are processed through the Accounting Manager at the POA office.

Cancellation Policy for Bonfires

Bonfire Reservations must be canceled 48 hours in advance. (e.g. A bonfire scheduled to start at 5:00 pm on Wednesday must be cancelled no later than 5:00 pm the prior Monday)

If a bonfire is cancelled at any time by the Rosemary Beach POA Beach Service, a full refund will be issued.

A bonfire that is cancelled by a patron at least 48 hours in advance, will receive a refund, less 10%.

A bonfire that is cancelled by the patron after the 48-hour requirement, will receive no refund.

Beach Attendants cannot issue refunds as all refunds are processed through the Accounting Manager at the POA office.

Changes to TermsRosemary Beach POA may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

JurisdictionThe Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content. Including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access of use any of the information on this Website. Rosemary Beach POA makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local news.

Scope of Use and User E-MailYou are only authorized to view, use, copy for your records and download small portions of the content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.E-mail submissions over the Internet may not be secure and are subject to the risk of interception by the third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Rosemary Beach POA Beach Service shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in the Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Rosemary Beach POA Beach Service is strictly prohibited.

ConfidentialityClient records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. For a full view of Rosemary Beach POA Beach Service’s policy on the confidentiality and privacy please refer to the Privacy Policy.

Copyrights and TrademarksThe materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by the United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and noncommercial use; however, any print out of this Site, or portions of the Site, must include Rosemary Beach POA Beach Service’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Rosemary Beach POA Beach Service.Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, publicly display or operate this Website without the prior written permission of Rosemary Beach POA Beach Service You may not use a part of this Website on any other Website, without Rosemary Beach POA Beach Service’s prior written consent.Rosemary Beach POA Beach Service respects the intellectual property rights of others and expects our Users to do the same. The policy of Rosemary Beach POA Beach Service is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@Rbpoabeachservice.com.You may not link to this Website without Rosemary Beach POA Beach Service’s written permission. If you are interested in linking to this Website, please contact info@Rbpoabeachservice.com.

No Unlawful Or Prohibited UseAs a condition of your use of the Website, you warrant to Rosemary Beach POA Beach Service that you will not use the Website for any purpose that is unlawful or prohibited by the terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site of interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

No WarrantiesTHE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCULDING BUT NOT LIMITED TO ANY IMPLIES WARRANTIES OR MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NONINFRINGEMENT, ALL OF WHICH Rosemary Beach POA Beach Service EXPRESSLY DISCLAIMS. Rosemary Beach POA Beach Service DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Rosemary Beach POA Beach Service WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Rosemary Beach POA Beach Service MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Rosemary Beach POA Beach Service. SOME STATES DO NOT ANLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Governing Law, Location and MiscellaneousThese Terms of Use shall be governed in all respects by the laws of the State of Florida USA, without reference to its choice law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to law. The other provisions will not be affected by and such modification.

DMCA Copyright Policy and Copyright AgentRosemary Beach POA Beach Service respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed.

Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled.

Address, telephone number, and, if available, an electronic mail address where we may contact you.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.The Site’s Copyright Agent can be reached at:
Rosemary Beach Property Owners Association
PO Box 611010
Rosemary Beach, FL 32461
850-231-1860Info@Rbpoabeachservice.com

S. ResidentYou represent that you are a United States resident.

No Professional AdviceThe information available on the Website is intended to be general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTAION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISIOR, AS APPROPRIATE.

User Disputes
You are solely responsible for your interactions with other Users. Rosemary Beach POA Beach Service reserves the right, but has no obligation, to monitor disputes between you and other Users.

Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting and Rosemary Beach POA Beach Service confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time of the proceedings begin, of American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Florida, USA.Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

Limitation of LiabilityYOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Rosemary Beach POA Beach Service SPECIFICALLY DISCLAIMS AND LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SEPCIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Rosemary Beach POA Beach Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMMISIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMINICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DISTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Rosemary Beach POA Beach Service. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity
You agree to defend, indemnify, and hold Rosemary Beach POA Beach Service, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

Accounts And Security
Rosemary Beach POA Beach Service does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service of the server that makes it available will be free of viruses or other harmful components.As part of the registration process, each user will select a password (“Password”) and Login Name (“Email”). You shall provide Rosemary Beach POA Beach Service with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.You may not:

select or use Login information of another person with the intent to impersonate that person;

use a name subject to the rights of any other person without authorization;

You shall notify Rosemary Beach POA Beach Service of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Rosemary Beach POA Beach Service’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@rbpoabeachservice.com